Upcoming cases - Supreme Court

As at 21 February 2020

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below:

February fixtures list (PDF, 161 KB)

March fixtures list (PDF, 162 KB)

FEBRUARY 2020

25 February 2020 10:00 am

Case number	SC 57/2019
Case name	Minister of Justice Attorney-General U R Jagose QC, A F Todd and G M Taylor v Kyung Yup Kim A J Ellis and B J R Keith Civil Appeal
Judges	Glazebrook, O’Regan, Ellen France, Arnold and French JJ
Case summary	Civil Appeal – Whether the Court of Appeal erred in quashing and remitting the Minister of Justice’s decision to surrender the respondent for extradition to the People’s Republic of China – Whether the Court of Appeal erred in deciding there is a preliminary question of whether diplomatic assurances as to criminal justice rights should be accepted given the general human rights situation in a receiving state – Whether the Court of Appeal erred in setting the legal test to determine whether the respondent’s fair trial rights would be upheld
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’s decision to surrender the respondent under s 30 of the Extradition Act 1999.
Supreme Court leave decision	MINISTER OF JUSTICE v KYUNG YUP KIM [2019] NZSC 100 [20 September 2019]
Court of Appeal decision	KIM v MINISTER OF JUSTICE OF NEW ZEALAND [2019] NZCA 209 [11 June 2019]
High Court decisions	KIM v THE MINISTER OF JUSTICE [2017] NZHC 2109 [31 August 2017] KIM v THE MINISTER OF JUSTICE [2016] NZHC 1490 [1 July 2016]

MARCH 2020

10 March 2020 10:00 am

Case number	SC 58/2019
Case name	S (SC 58/2019) and M (SC 58/2019) J R Billington QC and B M Cash v Vector Limited D P H Jones QC and M C Smith District Court at Auckland V McCall H (SC 58/2019) T M Molloy and D J Spencer The Attorney-General (Intervener) C A Brook Civil Appeal
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case summary	Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial remains in force. Publication in law report or law digest permitted.
Grounds on which leave was granted	Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial remains in force. Publication in law report or law digest permitted.
Supreme Court leave decision	Not publicly available
Court of Appeal decision	Not publicly available
High Court decision	Not publicly available

12 March 2020 10:00 am

Case number	SC 64/2019
Case name	ANZ Bank New Zealand Limited S M Hunter QC, M C Sumpter and D T Street v Bushline Trustees Limited, Stephen Daniel Coomey as trustee of Bushline Trust One, Sharon Louise Coomey as trustee of Bushline Trust Two M D Branch Robert Lewis England A C Challis and D P Turnbull Civil Appeal
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case summary	Civil Appeal – Contract law – Interest rate swaps – Whether the Court of Appeal erred in finding that the bank made a particular representation despite a factual finding in the High Court to the contrary – Whether the Court erred in holding that various representations made by the bank were undertakings forming part of the contract between the parties – Whether the Court erred in holding that the bank breached its undertaking to monitor and advise Bushline – Whether the Court erred in holding that it was not fair and reasonable, per s 4 of the Contractual Remedies Act 1979, for various disclaimer clauses to preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that various exclusion clauses do not preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that two of Bushline’s misrepresentation and breach of contract claims were not time barred under the Limitations Act 1950.
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to allow the appeal from the judgment of the High Court (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2017] NZHC 2520, [2018] NZCCLR 19) 15 October 2019.
Supreme Court leave decision	ANZ BANK NEW ZEALAND LIMITED v BUSHLINE TRUSTEES LIMITED AND STEPHEN DANIEL COOMEY AS TRUSTEES OF BUSHLINE TRUST ONE, [2019] NZSC 115 [15 October 2019]
Court of Appeal decision	BUSHLINE TRUSTEES LIMITED v ANZ BANK NEW ZEALAND LIMITED [2019] NZCA 245 [24 June 2019]
High Court decision	BUSHLINE TRUSTEES LTD v ANZ BANK NZ LIMITED [2017] NZHC 2520 [16 October 2017]

17 March 2020

Case number	SC 72/2019
Case name	FMV R E Harrison QC v TZB T L Clarke Civil Appeal
Judges	Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ
Case summary	Civil Appeal – Jurisdiction – Employment Relations Act 2000, s 161(1)(r) – Whether the Court of Appeal erred in holding that the Employment Relations Authority had exclusive jurisdiction over the applicant’s claim that her employer breached various duties of care in relation to her employment – Whether the Court erred in upholding the High Court’s order granting permanent name suppression.
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to dismiss the appeal.
Supreme Court leave decision	FMV v TZB [2019] NZSC 108 [8 October 2019]
Court of Appeal decision	FMV v TZB [2019] NZCA 282 [4 July 2019]
High Court decision	FMV v TZB [2018] NZHC 1131 [21 May 2018]

18 March 2020 10:00 am

Case number	SC 107/2019
Case name	Port Otago Limited L A Anderson v Environmental Defence Society Incorporated, D A Allan Otago Regional Council A J Logan Royal Forest and Bird Protection Society of New Zealand Incorporated P A Anderson Marlborough District Council J W Maassen and B D Mead Oral Leave Hearing
Judges	Winkelmann CJ, O'Regan and Ellen France JJ
High Court decision	ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED v OTAGO REGIONAL COUNCIL [2019] NZHC 2278 [11 September 2019]
Environment Court decision	Port Otago Limited v Otago Regional Council [2018] NZEnvC 183

23 and 24 March 2020

Case number	SC 105/2019
Case name	Southern Response Earthquake Services Limited T C Weston QC and K M Paterson v Brendan Miles Ross and Colleen Anne Ross P G Skelton QC, K M Quinn and C B Pearce Civil Appeal
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case summary	Civil Appeal – Civil procedure – Class actions – Whether the Court of Appeal erred in holding that an opt-out procedure should be the norm for class actions in New Zealand – Whether the Court of Appeal erred in holding that an opt-out approach was appropriate for the class action in this case.
Grounds on which leave was granted	The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
Supreme Court leave decision	SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED v BRENDAN MILES ROSS AND COLLEEN ANNE ROSS [2019] NZSC 140 [9 December 2019]
Court of Appeal decision	ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2019] NZCA 431 [16 September 2019]
High Court decision	ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2018] NZHC 3288 [13 December 2018]

APRIL 2020

23 April 2020

Case number	SC 41/2019
Case name	New Zealand Law Society v John Llewellyn Stanley
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

29 and 30 April 2020

Case number	SC 50/2019
Case name	Synlait Milk Limited v v New Zealand Industrial Park Limited and Ye Qing
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

MAY 2020

19 May 2020

Case number	SC 100/2019
Case name	Rangitira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Incorporate
Judges	Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

26 May 2020

Case number	SC 114/2019
Case name	Savvy Vineyards 4334 Limited and Savvy Vineyards 3552 Limited v Weta Estate Limited and Tirosh Estate Limited
Judges	Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

JUNE 2020

9 June 2020

Case number	SC 104/2019
Case name	Bryce Brougham v Christine Anne Elizabeth Regan and Mark Jefferey Tuffin as trustees of the Winchester Trust and Racheal Christina Dey
Judges	Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ